Tenant Can't Give Up Right to Rent Stabilization

Tenant complained of reduced services. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that tenant had waived certain rights under rent stabilization in a prior settlement stipulation of an eviction case. The court ruled against landlord. Tenant can't waive any rights under rent stabilization. The rent stabilization code states that any agreement by tenant to waive rent-stabilization benefits is unenforceable. The one exception is that tenant may withdraw a DHCR complaint in a settlement where tenant is represented by an attorney and the settlement is approved by either the DHCR or a court. In this case there was no proof that a court had approved the prior settlement.

47-40 41st Realty Corp. v. DHCR: NYLJ, p. 33, col. 5 (3/8/96) (App. Div. 2 Dept.; Balletta, JP, Joy, Krausman, Florio, JJ)